Section 134AD of the Accident Compensation Act 1985 (Vic), which directs the Court of Appeal to 'decide for itself', does not convert the appeal into a hearing de novo; the appellate court decides the issues with the benefit of the trial judge's findings, and error at first instance remains relevant. For evolving conditions such as carpal tunnel syndrome, the worker must identify the compensable injury specifically referable to employment on or after 20 October 1999. Capacity to earn under s.134AB(38) is assessed by reference to physical capacity in suitable employment, not actual job availability. The onus on the worker to establish economic loss to the 40 per cent threshold is not discharged merely by rejecting the employer's calculations.
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